Virginia Mechanic's Lien by a General Contractor

In Virginia, a lien claimant may make a claim for a mechanic's lien by completing and recording a "Memorandum for Mechanic's Lien" document. There are separate versions of the Memorandum depending on whether the claimant is a contractor, subcontractor, or sub-subcontractor.

In general, a mechanic's lien claim becomes available when a property owner or other person in the chain has not paid the contractor or others owed payment. The lien works as a security device by placing an encumbrance on the property, which in turn prompts the property's owner to pay in order to remove the lien. Liens can also be sought against payment funds, for example, by preventing a contractor from being paid by the owner until the subcontractors are paid.

A general contractor must file a memorandum of lien at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which he last performs labor or furnishes material, and no later than 90 days from the time the project is completed or the work ends. Va. Code 43-4. The memorandum is then filed in the clerk's office in the county or city in which the building, structure or railroad, or any part thereof is located. Id.

The memorandum must show: (1) the name of the owner of the property, (2) the claimant of the lien, (3) the amount and consideration of the claim, (4) the time or times when the claim is or will be due and payable, (5) a verification by the oath of the claimant, or his agent, including a statement declaring his intention to claim the benefit of the lien, and (6) a brief description of the property. Id. In addition, it contains the claimant's license or certificate number issued by the Board for Contractors, if any, and the date such license or certificate was issued as well as the date such license or certificate expires. Id.

A general contractor lien claimant must include a certification of mailing of a copy of the memorandum of lien to the property owner at the owner's last known address, when recording the memorandum of lien. Id. The verification must be completed and signed while in the presence of a licensed notary.

In conclusion, a mechanic's lien is a powerful tool when used properly. By keeping track of key dates and parties in each construction job, contractors can protect their rights.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an attorney with any questions about filing a Memorandum for a Mechanic's Lien in Virginia.

How to Use This Form

Select your county or independent city from the list above
Download the county or independent city-specific form
Fill in the required information
Have the document notarized if required
Record with your county or independent city recorder's office

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Common Uses for General Contractor Memorandum for Mechanics Lien

Notify a property owner of unpaid construction debts
File a final lien waiver after project completion and payment
Document a lien waiver upon receipt of progress payment
Protect subcontractor payment rights on a building project
Document consent of the property owner for improvements
Document a change order that affects the scope of a project
Document partial payment received on a construction project

Compare other Virginia deed forms and documents

Quitclaim Deed Gift Deed Gift Deed Special Warranty Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Certificate and Affidavit of Satisfaction of Deed of Trust Certificate of Partial Satisfaction of Deed of Trust Transfer on Death Deed Transfer on Death Revocation Transfer on Death Beneficiary Affidavit Personal Representative Deed Real Estate Affidavit Trustee Deed Certificate of Trust Mineral Deed Quitclaim Mineral Deed Corrective Affidavit Mechanics Lien Preliminary Notice Subcontractor Memorandum for Mechanics Lien Sub-subcontractor Memorandum for Mechanics Lien Conditional Lien Waiver on Partial Payment Unconditional Lien Waiver on Partial Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Disclaimer of Interest Memorandum of Lis Pendens

Important: County or Independent City-Specific Forms

Our general contractor memorandum for mechanics lien forms are specifically formatted for each county or independent city in Virginia.

After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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